The High Court in London is to pass its verdict next week
A court in London has heard damning testimony from Abdourahman Boreh, once a powerful chairman of Djibouti's Ports & Free Zone Authority. Apparently Abdourahman played from both end,oprating in the service of DP World, while at the same time negotiating with its senior executives on Djibouti's behalf.
Boreh, a businessman with dual Djiboutian and French nationality, has been locked in a long fought battle against the government of Djibouti, which has convicted him in absentia of corruption and terrorism. He was sentenced to serve 15 years in jail. Boreh denies all charges, from exile, and claim that they are all politically orchestrated attacks by President Ismail O. Guelleh, his once closest friend.
Nonetheless, Boreh has admitted to the High Court of London two weeks ago that the payments from DP World were made to his offshore company, S Flame; the money was transferred to the company's account in Switzerland, whose authorities surrendered documents to the government of Djibouti.
Back in the early 2000s, the Dubai based DP World took concession of first, Djibouti Port for 20 years and subsequently, of Duraleh Container Terminal, for 50 years. Boreh has been credited for persuading the Sultans in Dubai to invest in Djibouti and had negotiated these deals with them in 2007 and 2008.
But, he had also received half a million dollars a year from DP World, in the form of "consultancy fees," Boreh conceded under cross examination which lasted for four days. He had received a total of 1.3 million dollars from DP World, an undertaking the government of Djibouti now says was a kickback.
The Court was also presented with documents revealing under the table deals between Boreh and DP World where he was promised a 15pc share in DP World Djibouti, the joint venture partner in the Doraleh Container Terminal.
Boreh would receive five per cent in dividends and 15pc of DP World's management fee during the period of the concession agreement. Djibouti agreed with DP World to collect a royalty fee of five per cent, a term the government now claims was a disadvantage to the country due to Boreh's complicity with Dubai.
The manner in which Boreh dealt with Dubai in forming the Horizon Oil Terminal was equally unflattering, the High Court heard.
Emirati National Oil Company (ENOC) formed the company in joint venture with the Djibouti government having 10pc shares and Boreh controlling 30pc, in a deal Djibouti's lawyer claimed was "bogus". A secret share purchase agreement was signed with Boreh's company, SAMOAN. During the cross examination, Boreh claimed that he had neither drafted the contract nor read it.
"As far as they pay me, I signed," Boreh told the High Court.
He has admitted that he was paid a total of 900,000 dollars in a form of consultancy fees; an amount the government believes was half a million dollars more than the stated sum.
His testimony was subsequent to allegations Boreh's lawyers made against President Guelleh of government sanctioned corruption and mismanagement in Djibouti.
Guelleh was accused of having 80 cars, a 2.2 million euro flat in Paris, and spending close to 45,000 euros for a holiday in Mauritius. Summoned by Justice Flaux, the President declined to appear before the London Court in October 2015, to dispel these allegations in person.
His government suffered earlier in March 2015 after the High Court rejected charges of terrorism against Boreh, finding evidence against him "evasive and misleading." Subsequently, the Court unfroze Boreh's worldwide assets, estimated to be worth 100 million dollars, according to Boreh's close associates.
Both sides are now close to submitting their closing arguments before the Court passes its verdict next week, according to people who are familiar with the case. Neither side was available for comment, despite repeated attempt to reach them.